Phelps, Inc. v. City of Hastings

42 N.W.2d 300 (1950)

152 Neb. 651

PHELPS, Inc.

v.

CITY OF HASTINGS.

No. 32726.

Supreme Court of Nebraska.

April 13, 1950.

Albert P. Madgett, Hastings, for appellant.

Stiner & Boslaugh, Hastings, for appellee.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, and WENKE, JJ.

CARTER, Justice.

This is a suit for an injunction to enjoin the enforcement of an ordinance of the city of Hastings which by its terms prohibited the sale at retail of beer and alcoholic liquors other than beer in the original packages for use off the premises in the same room or location. A demurrer to the petition…